ENVI Committee Meeting
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Minutes of Proceedings
Laura Farquharson answered questions.
The committee resumed its clause-by-clause study of the Bill.
The committee resumed clause-by-clause consideration on Clause 5 of the Bill.
(a) by replacing line 39 on page 3 with the following:
“Ministers shall, within 18 months after the day on which”
(b) by replacing line 42 on page 3 with the following:
“ment will be protected in the administration of this Act.”
(c) by replacing lines 3 and 4 on page 4 with the following:
“things, set out how
(a) certain principles are to be upheld in the administra-”
(d) by replacing line 10 on page 4 with the following:
“(b) research, studies or monitoring activities are to sup-”
(e) by replacing, in the English version, line 12 on page 4 with the following:
“ment referred to in paragraph 2(1)(a.2); and”
(f) by replacing lines 13 to 17 on page 4 with the following:
“(c) any other mechanism, including regulatory action, if appropriate, is to support the protection of that”
(g) by adding after line 18 on page 4 the following:
“(2.1) Without limiting the generality of subsection (1), the implementation framework shall set out
(a) in relation to each substance for which an objective, a guideline or a code of practice respecting ambient air quality has been issued under section 54 or 55, the measures that the Ministers shall take to protect the right of every individual in Canada to a healthy environment if the average ambient concentration of such a substance in any given geographical area exceeds the levels specified; and
(b) the process under subsection 76.1(1) in respect of the protection of the right to a healthy environment.”
(h) by replacing lines 21 to 23 on page 4 with the following:
“(4) The Minister shall make the implementation framework public.”
The question was put on the amendment of Patrick Weiler, as amended, and it was negatived on the following recorded division:
YEAS: Laurel Collins, Monique Pauzé, Leah Taylor Roy, Patrick Weiler — 4;
NAYS: Gérard Deltell, Terry Duguid, Majid Jowhari, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean — 7.
That Bill S-5, in Clause 5, be amended
(a) by replacing line 42 on page 3 with the following:
“ment will be protected and how the principles set out in that paragraph will be implemented in the administration of this Act.”
(b) by replacing lines 12 to 17 on page 4 with the following:
“ment referred to in paragraph 2(1)(a.2) and how the principles set out in that paragraph will be implemented; and
(c) any other mechanisms to support the protection of that”
The question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:
YEAS: Laurel Collins, Monique Pauzé, Patrick Weiler — 3;
NAYS: Gérard Deltell, Terry Duguid, Majid Jowhari, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Leah Taylor Roy — 8.
(a) by adding after line 42 on page 3 the following:
“(1.1) Without limiting the generality of subsection (1), the implementation framework shall set out
(a) in relation to each substance for which an objective, a guideline or a code of practice respecting ambient air quality has been issued under section 54 or 55, the measures that the Ministers shall take to protect the right of every individual in Canada to a healthy environment if the average ambient concentration of such a substance in a geographical area exceeds the levels specified; and
(b) the process under subsection 76.1(1) in respect of the protection of the right to a healthy environment.”
(b) by replacing lines 13 and 14 on page 4 with the following:
“(c) the relevant factors to be taken into account in interpreting and applying that right and in determining the reasonable limits to which it is subject,”
Debate arose thereon.
Terry Duguid moved, — That the amendment be amended by deleting paragraph (a).
After debate, the question was put on the subamendment of Terry Duguid and it was agreed to on the following recorded division:
YEAS: Gérard Deltell, Terry Duguid, Majid Jowhari, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Leah Taylor Roy — 8;
NAYS: Laurel Collins, Monique Pauzé, Patrick Weiler — 3.
The question was put on the amendment of Monique Pauzé, as amended, and it was agreed to on the following recorded division:
YEAS: Laurel Collins, Gérard Deltell, Terry Duguid, Majid Jowhari, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Monique Pauzé, Leah Taylor Roy, Patrick Weiler — 11;
NAYS: — 0.
(a) by deleting lines 4 to 9 on page 4.
(b) by renumbering the paragraphs of subsection 5.1(2) and amending all references to them accordingly.
At 3:56 p.m., the sitting was suspended.
At 3:58 p.m., the sitting resumed.
After debate, the question was put on the amendment of Greg McLean and it was negatived on the following recorded division:
YEAS: Gérard Deltell, Damien C. Kurek, Mike Lake, Greg McLean — 4;
NAYS: Laurel Collins, Terry Duguid, Majid Jowhari, Lloyd Longfield, Monique Pauzé, Leah Taylor Roy, Patrick Weiler — 7.
“intergenerational equity, according to which it is important to meet the needs of the present generation without compromising the ability of future generations to meet their own needs;”
After debate, the question was put on the amendment of Laurel Collins and it was agreed to on the following recorded division:
YEAS: Laurel Collins, Gérard Deltell, Terry Duguid, Majid Jowhari, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Monique Pauzé, Leah Taylor Roy, Patrick Weiler — 11;
NAYS: — 0.
“(b.1) the actions that the Ministers will take to protect that right when, with respect to a substance that contributes significantly to air pollution for which an objective, a guideline or a code of practice is established under section 54 or 55, the objective is not met or the guideline or code of practice is not respected;”
After debate, the question was put on the amendment of Laurel Collins and it was negatived on the following recorded division:
YEAS: Laurel Collins, Monique Pauzé, Leah Taylor Roy, Patrick Weiler — 4;
NAYS: Gérard Deltell, Terry Duguid, Majid Jowhari, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean — 7.
Clause 5, as amended, carried on division.
On Clause 10,
Laurel Collins moved, — That Bill S-5, in Clause 10, be amended by(a) replacing line 26 on page 6 to line 23 on page 7 with the following:
“(1.1) The notice may include a requirement that the plan prioritize the identification, development or use of safer or more sustainable alternatives to the substance, group of substances or product.”
(b) replacing lines 28 to 35 on page 7 with the following:
“(3) Subsection 56(4) of the Act is replaced by the following:
(4) The Minister shall publish in the Environmental Registry and in any other manner that the Minister considers appropriate a notice stating the name of any person for whom an extension is granted, whether the extension is for the preparation or the implementation of the plan, and the duration of the period of the extension.
(4) Section 56 of the Act is amended by adding the following after subsection (5):
(6) A notice under subsection (1) may include a requirement that the person to whom the notice is directed file with the Minister, within the periods specified in the notice, written reports on their progress in implementing the plan.”
After debate, the question was put on the amendment of Laurel Collins and it was agreed to on the following recorded division:
YEAS: Laurel Collins, Terry Duguid, Majid Jowhari, Lloyd Longfield, Leah Taylor Roy, Patrick Weiler — 6;
NAYS: Gérard Deltell, Damien C. Kurek, Mike Lake, Greg McLean, Monique Pauzé — 5.
Clause 10, as amended, carried on division.
At 4:20 p.m., the sitting was suspended.
At 4:21 p.m., the sitting resumed.
By unanimous consent, Clause 10.1 previously carried was reconsidered.
By unanimous consent, Clause 10.1 was negatived.
By unanimous consent, Clause 11.1 previously carried was reconsidered.
By unanimous consent, Clause 11.1 was negatived.
At 4:28 p.m., the sitting was suspended.
At 4:32 p.m., the sitting resumed.
On Clause 19,
Laurel Collins moved, — That Bill S-5, in Clause 19, be amended(a) by deleting lines 1 and 2 on page 16.
(b) by adding after line 30 on page 16 the following:
“(7.1) The Ministers shall review the plan within five years after it is published and every five years after that.”
(c) by renumbering subsections of section 73 and amending all references accordingly.
Debate arose thereon.
Terry Duguid moved, — That the amendment be amended by replacing the word “five” with the word “eight”.
After debate, the question was put on the subamendment of Terry Duguid and it was agreed to.
The question was put on the amendment of Laurel Collins, as amended, and it was agreed to on division.
“paragraph 68(a), including the manner in which the public may be provided with information regarding substances or products including, in the case of products, by labelling them.”
The question was put on the amendment of Laurel Collins and it was agreed to on division.
Clause 19 carried on division.
On Clause 20,
Damien C. Kurek moved, — That Bill S-5, in Clause 20, be amended(a) by replacing line 21 on page 17 with the following:
“(3) The Minister may delete a substance from the List,”
(b) by replacing lines 23 to 25 on page 17 with the following:
“specified on the List, if
(a) an order is made under subsection 90(1) adding the substance to the list of toxic substances in Schedule 1;
(b) an assessment of the substance conducted under this Part determines that it is not toxic under section 64; or
(c) on the basis of new information received by the Ministers regarding the physical or chemical properties of the substance, the Ministers no longer have reason to suspect that the substance is capable of becoming toxic.
(3.1) For greater certainty, subsection (3) does not limit the authority of the Minister to delete a substance from the List.”
Debate arose thereon.
Terry Duguid moved, — That the amendment proposing to amend Clause 20 of Bill S-5 by replacing line 21 on page 17 and by replacing lines 23 to 25 on page 17 be amended by
(a) replacing paragraph (a) of the motion with the following:
“(3) The Minister shall delete a substance from the List,”
(b) substituting the text proposed to be added by lines 23 to 25 of page 17 with the following:
“specified on the List, if
(a) an order is made under subsection 90(1) adding the substance to the list of toxic substances in Schedule 1; or
(b) the Ministers no longer have reason to suspect that the substance is capable of becoming toxic.”.
After debate, the question was put on the subamendment of Terry Duguid and it was agreed to on division.
The question was put on the amendment of Damien C. Kurek, as amended, and it was agreed to on the following recorded division:
YEAS: Gérard Deltell, Terry Duguid, Majid Jowhari, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Patrick Weiler — 9;
NAYS: Laurel Collins, Monique Pauzé — 2.
“75.2 If a consumer product contains a substance that the Ministers have reason to suspect may have a harmful effect on the environment or human health, the Ministers must consult with the Minister responsible for the administration of the Act of Parliament under which regulations respecting the labelling of consumer products are made, with a view to ensuring that such products are labelled accordingly.”
After debate, the question was put on the amendment of Monique Pauzé and it was negatived on the following recorded division:
YEAS: Laurel Collins, Monique Pauzé — 2;
NAYS: Gérard Deltell, Terry Duguid, Majid Jowhari, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Patrick Weiler — 9.
“75.2 If a consumer product as defined in section 2 of the Canada Consumer Product Safety Act contains a substance specified on the List or on the list of toxic substances in Schedule 1, the Minister of Health shall, under that Act, establish requirements in respect of labelling such a product accordingly if that Minister is of the opinion that doing so is in the interest of the protection of the environment, public health or public safety.”
The question was put on the amendment of Laurel Collins and it was negatived on the following recorded division:
YEAS: Laurel Collins, Monique Pauzé — 2;
NAYS: Gérard Deltell, Terry Duguid, Majid Jowhari, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Patrick Weiler — 9.
(a) by replacing lines 1 to 4 on page 18 with the following:
“(2) The Ministers shall consider the request and decide whether to grant or deny it and, within 90 days after the day on which the request is filed, the Minister shall inform the person who filed the request of the decision, how the Ministers intend to deal with it and the reasons.”
(b) by adding after line 7 on page 18 the following:
“(4) If the Ministers decide to grant a request under subsection (2), they shall add the substance to the plan developed under subsection 73(1) and complete the assessment within two years after the day on which the request is granted.
(5) The Ministers shall make the assessment public without delay in any manner that the Ministers consider appropriate.
(6) If the Ministers are of the opinion that an extension of the two-year period is necessary to collect data or conduct investigations, they shall give notice of the extension in the manner that they consider appropriate, stating the reasons for the extension.”
The question was put on the amendment of Monique Pauzé and it was negatived on the following recorded division:
YEAS: Laurel Collins, Monique Pauzé — 2;
NAYS: Gérard Deltell, Terry Duguid, Majid Jowhari, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Patrick Weiler — 9.
“(2) The Ministers shall consider the request and decide whether to add the substance to the plan developed under section 73 or deny the request.
(2.1) Within 90 days after the day on which the request is filed, the Minister shall inform the person who filed the request of the decision, how the Ministers intend to deal with it and the reasons”
The question was put on the amendment of Laurel Collins and it was agreed to on the following recorded division:
YEAS: Laurel Collins, Gérard Deltell, Terry Duguid, Majid Jowhari, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Monique Pauzé, Leah Taylor Roy, Patrick Weiler — 11;
NAYS: — 0.
“(4) When a request is granted under subsection (2), the Ministers shall add the substance to the plan developed under subsection 73(1) and complete the assessment within two years after the day on which the request is granted.
(5) The Ministers shall publish the assessment in the Canada Gazette, or in any other manner that the Ministers consider appropriate.
(6) If they are of the opinion that further time is necessary to collect data or conduct investigations, the Ministers shall publish a notice in the Canada Gazette, or in any other manner that they consider appropriate, extending the assessment period and stating the reasons for the extension.”
The question was put on the amendment of Laurel Collins and it was negatived on the following recorded division:
YEAS: Laurel Collins, Monique Pauzé — 2;
NAYS: Gérard Deltell, Terry Duguid, Majid Jowhari, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Patrick Weiler — 9.
Clause 20, as amended, carried on division.
On Schedule 1,
Terry Duguid moved, — That Bill S-5, in Schedule 1, be amended by deleting the reference to “section 68.1”, in the references after the heading “SCHEDULE 1”, on page 53.The question was put on the amendment of Terry Duguid and it was agreed to on the following recorded division:
YEAS: Laurel Collins, Gérard Deltell, Terry Duguid, Majid Jowhari, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Monique Pauzé, Leah Taylor Roy, Patrick Weiler — 11;
NAYS: — 0.
Clause 1, Short Title, carried.
The Title carried.
The Bill, as amended, was adopted.
ORDERED, — That the Chair report the Bill, as amended, to the House.
Mike Lake moved, — That the committee proceed to sit in camera.
By unanimous consent, the motion was withdrawn.
Mike Lake moved, — That the committee do now adjourn.
The question was put on the motion and it was agreed to on the following recorded division:
YEAS: Gérard Deltell, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Monique Pauzé — 6;
NAYS: Laurel Collins, Terry Duguid, Majid Jowhari, Leah Taylor Roy, Patrick Weiler — 5.
At 5:17 p.m., the committee adjourned to the call of the Chair.